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GREEN TREE FINANCIAL CORP. v. BAZZLE

No. 02-634.

539 U.S. 444 (2003)

GREEN TREE FINANCIAL CORP., NKA CONSECO FINANCE CORP. v. BAZZLE ET AL., IN A REPRESENTATIVE CAPACITY ON BEHALF OF A CLASS AND FOR ALL OTHERS SIMILARLY SITUATED, ET AL.

Supreme Court of United States.

Decided June 23, 2003.

Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioner. With him on the briefs were Paul J. Zidlicky, Alan S. Kaplinsky, Mark J. Levin, Wilburn Brewer, Jr., Robert C. Byrd, and Herbert W. Hamilton.

Cornelia T. L. Pillard argued the cause for respondents. With her on the brief were Mary Leigh Arnold, Steven W. Hamm, Bradford P. Simpson, B. Randall Dong, T. Alexander Beard, Charles L. Dibble, and Charles Richard Kelly.*

BREYER, J., announced the judgment of the Court and delivered an opinion, in which SCALIA, SOUTER, and GINSBURG, JJ., joined. STEVENS, J., filed an opinion concurring in the judgment and dissenting in part, p. 454. REHNQUIST, C. J., filed a dissenting opinion, in which O'CONNOR and KENNEDY, JJ., joined, p. 455. THOMAS, J., filed a dissenting opinion, p. 460.

JUSTICE BREYER announced the judgment of the Court and delivered an opinion, in which JUSTICE SCALIA, JUSTICE SOUTER, and JUSTICE GINSBURG join.

This case concerns contracts between a commercial lender and its customers, each of which contains a clause providing for arbitration of all contract-related disputes. The Supreme Court of South Carolina held (1) that the arbitration clauses are silent as to whether arbitration might...

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